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HomeMy WebLinkAbout2008-06-16-Resolutions 08-131_Grace Wood Lot 15 - First Amendment to EasementTHE CITY OF W AUKEE,IOWA RESOLUTION 08-131 APPROVING THE FIRST AMENDMENT TO SURFACE WATER FLOWAGE EASEMENT RELATED TO LOT 15 OF GRACEWOOD INTHENAMEANDBYTHEAUTHORITYOFTHECITYOFWAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,Sharon Beitzell,owner of Lot 15 of Gracewood (Property Owner),is desirous of installing a fence on their property;AND, WHEREAS,Grace Wood Joint Venture,predecessor in title to the Property Owners granted a Surface Water Flowage Easement to the City of Waukee which was accepted by the City of Waukee and recorded with Dallas County,Iowa on August 1,2005,in Book 2005,Page 12030 ("Easement")AND, WHEREAS,a portion of the proposed fence is intended to be erected within a portion of the Easement;AND, WHEREAS,the Easement prohibits the Property Owner from locating any fence or other structnre within the Easement area without the written consent of the City of Waukee;AND, WHEREAS,the City of Waukee is agreeable to the construction of a fence within a portion of the Easement area pursuant to the terms of the First Amendment to Surface Water Flowage Easement. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on this 16th day of June 2008 that the First Amendment to Surface Water Flowage Easement in connection with the Property is hereby approved and accepted by the City of Waukee,and the City Clerk is hereby authorized to file such first amendment to easement with the Dallas County, Iowa Recorder. Attest: ROLL CALL VOTE Donald L.Bailey,Jr. Casey L.Harvey C.Isaiah McGee Darlene Stanton ]'vfike 'Watts AYE X X X X NAY ABSENT x ABSTAIN ) 1 I